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Passing fancy PfiWI I
In Kansas City, under new JST TjHfiirB I
coach John Mackovic, the & h& miMB 8
Chiefs are putting an increased lw: nW emphasis on passing. Mean-- W'- - m W.
while, the St. Louis Cardinals, JL , WL - -- i as evidenced by their drafting mfUM& mK' -- mm
loofokfiinvge foderfaenwsaivyetobgarcokusn, d athree iMlbnBn& V9B t-- ' -- ' 31$ 9
pass. For a preview of the NFL BSm$ mt dfEv
season, see Page IB. $ f) I8Hrw& Jr--'
Sibling rivalry fcfjMfll
Afraid her sons might be run WNmSJMrMBM
over by a car, Clara Jones fflHTWBHHi tried to break up their fight in BM mat JH
the middle of North Provi- - H V vmm 1
dence Road with her fly swat-- fjWpr' SgR I
ter. The fight ended with the jgfc -- HH I
crack of gunfire. Reed Jones is fflgfcL,,. t ' wH 1
in the hospital and his brother WsM&& if& l Msm I
Tony is in jail. See Page 7A. URliifflPmH I
mMMmaammBammmmmmMmmmummmammMmmmmBmmBmmBmnumnmamM
State Cancer Hospital, is help- - PffNWjlp8Ki
ing victims of breast cancer BjSNSSlyBSH
cope with the aftermath of sur- - BBfeai gery. Read how one woman in SafvB the program copes with style, HHHjM& jra2l
grace, grit and the shared ex-- BpBffijjgffigffiggBpl
periences of other breast can- - & ra9 vfiHfflsl
m J
th Year No. 298 Good Morning! it's Sunday, September 4, 1983 6 Sections 50 Pages 50 Cents
HiLHaB9LKb4aLLLai9BlLflHHHHnLLliHflflBB
BHBlBBBHHjBBBBflW
LH6LBiHGKiLLHLBHLHH3LLLH3iHEBflliLa
KKHgBHHJrIaBjBSDBHIi9hEBBIHBHBHWsK J& BP& r?'' - oSBBHHbSSHBBBBB9hBH6HiBBliBHR8HbHB!
B31bnLVaLM9HHiDaBatMH19iUlfcHB9BiHnELM -- MBB9B0BHRHMHHnflEHBHnKCnHQBiBHHlBnBu999BV . t4 vv . rffmMrriBHHcwMH
HMLIHBlEISSnnSiBSlLHHHBsBHB - aaMJISiHnDSSHl& BHHBBHHiHRBiHniH
BnBMBSBSIBBIMHMBBBBWBWB5iHaHHfiBBMBL. l HflHHBlaB9SSSHBH91BOBHBBHEi
Kimberly Tillman is the first black to be appointed to the Missouri Law Review. j. ...
Law student's success is ' long overdue'
By Pamela Reynolds
Mlssourian staff writer
Second- yea- r law student Kimberly Tillman
feels embarrassed when people congratulate
her for being named to the prestigious Missouri
Law Review.
For Ms. Tillman, the first black to make the
review, it all should have happened sooner.
" It's nothing to be happy about," she says.
" It's kind of embarrassing that this school has
been here for 111 years and they've never ( be-fore)
had a black to make the law review."
Being named to the law review is an honor ex-tended
only to the top 20 students of each law
class and a few other students who do well in a
writing competition.
The students are involved m research, writing
and production work for the prestigious publica-tion.
Ms TUlman's nomination is a notable first, to
be added to a list of other firsts for blacks at the
University's School of Law this year. Not only is
this the first year a black has made the law re-view,
this is the first year that :
v A black has acted as a writing director on
the lawschool's Board of Advocates.
The first year black enrollment has been as
high as 31 students out of a total enrollment of
416.
k-- The first year that as many as 11 blacks
will graduate from the school.
w The first year that the black student reten-tion
rate has been one that does not discourage
law school faculty.
What makes this year more successful for
black enrollment and academic achievement
than past years? According to Assistant Dean
Terry Bashor, commitment on the part of the
faculty is the key.
Robert Bailey, the school's academic counsel-or,
agrees. " We care about all our students
black and white and we're starting to get a
reputation for it," he says
The school also is beginning to receive a repu-tation
for its aggressive minority recruitment
program. Black enrollment figures are slowly
reflecting the strong minority recruitment ef-fort
begun in 1978.
Law school recruiters now visit college cam-puses
with the specific goal of enticing bright
blacks to the school. Letters are sent to black
colleges and candidate referral services Black
graduating seniors at the University are sent
letters asking them to consider the benefits of a
legal education. A special counselor has taken
on the responsibility of working with black stu-dents
who may have problems coping with law
school pressures.
Most importantly, scholarships are offered to
most blacks who attend the school. A tuition- pai- d
scholarship is what persuaded Ms. Till
man, a New Yorker and graduate of Fordham
University, to come to Missouri.
Despite the extensive minority recruitment
program at the school, the number of blacks at-tending
tiie school and other law schools
around the country for that matter is small
Only 12 percent of the students at the law
school are black, but Bailey says that percent-age
is higher than the national average
Bailey says the school has trouble attracting
qualified blacks because most elect to attend
more prestigious schools such as Harvard, Yale
or Stanford. Most of the blacks who attend the
University are drawn from Missouri and Illi-nois.
Bailey says he has never encountered preju-dice
within the law school but, " I'm not naive
enough to say it might not exist' '
Whatever the reasons, Ms Tillman says there
are definite problems for the black law stu-dents.
" It's a combination of professors who were
teaching there, the attitude of blacks there, and
prejudice. But even though there are a combina-tion
of things to keep blacks behind, there is one
thing that can change it the blacks them-selves,"
Ms. Tillman says
Ms. Tillman says she wants black law stu-dents
to believe that anything is attainable. " I
want to stress how important law school is and
instill in people that you have to study."
Farmers protected
by congressional act
if embargo declared
By Andy Chabra
Washington Bureau
WASHINGTON In the wake of
increasing furor over the Soviet
downing of a Korean plane lasi
week, government officials have
been considering the effectiveness of
a gram embargo against the Soviet
Union.
Should President Reagan decide to
declare an embargo, the govern-ment
would have to pay billions of
dollars in extra pnee supports to
farmers and related industries be-cause
of a little- note- d provision in
thel981FarmBill
The provision applies to embar-goes
limited to agricultural prod-ucts.
In the event of a grain embar-go,
the provision stipulates that the
government compensate farmers,
elevator operators and agricultural
earners for income lost due to de-creased
sales
A Senate Agriculture Committee
lawyer says the provisions of the law
would double current price support
rates Both the lawyer and Harold
Breunyer, University professor of
agricultural economics, agree the
cost of the program could run into
billions of dollars
The law has only two conditions
whereby an embargo can be im-posed
without compensation to the
agricultural industry if the govern-ment
restricts all trade with the So-viet
Union, or if the embargoed
amount affects less than 3 percent of
total sales of the commodity
Sen Roger Jepson, R- Io- wa, a
member of the Senate Agriculture
Committee, says the amendment
was written in response to the grain
embargo imposed against the Soviet
Union by former President Carter A
spokesman for Sen John Danforth,
R- M- o , also a committee member,
says the provision was intended " to
be an obstacle no administration
would try to climb over "
Grain sales to the Soviet Union
have continued despite the outrage
expressed over the South Korean
airline incident The Department of
Agriculture announced the sale of
900,000 tons of gram to the Soviets on
Thursday and another -- 940,000 tons
on Friday
Sentiment in the administration
and on the hill is currently running
against another gram embargo Dur-ing
a visit to a Moberly farm last
week, U S Secretary of Agriculture
John Block said he believes the Unit-ed
States should not halt gram sales
to the Soviet Union
In addition, some senators on the
agriculture committee have con-tended
that embargoes don't work
" We shouldn't try a tactic that has
proven not to work," says Jepson
He has suggested to Secretary of
Defense Caspar Weinberger that
commercial aircraft carrying Amer-ican
passengers be given a military
escort when flying close to Soviet
territory
Shultz to ask Gromyko
for facts on Korean jet
WASHINGTON ( UPI) Secre-tary
of State George Shultz will in-sist
in his meeting with Soviet For-eign
Minister Andrei Gromyko this
week that the Soviets " come clean
with the facts" on the shooting down
of a Korean airliner, senior State De-partment
officials said Saturday.
Shultz is scheduled to meet with
Gromyko on Thursday during a
three- da- y conference of foreign min-isters
in Madrid, despite the shoot-ing
down Wednesday uy a Soviet jet
of a South Korean passenger jet that
apparently wandered into Soviet air-space.
" The secretary of state has said
publicly that he intends to ask the
Soviets for an explanation of the in-cident
and to insist that the Soviet
Union come clean with the facts,"
officials said.
The foreign ministers of 34 nations
that signed the Helsinki Final Act on
J Security and Cooperation in Europe,
World outrage Page 3A
known as the Helsinki accords, are
scheduled to attend the conference
to formally approve changes in the
pact.
Officials said the Madrid meeting
would allow Shultz to tell Gromyko
and other foreign ministers that So-viet
performance in the field of hu-man
rights as outlined in the Helsin-ki
accords " has been miserable "
Holiday
While you relax this Labor
Dav, so will we And that
means the Columbia Missour- la- n
will not publish on Tues-day.
Companies seek hazardous waste self- insuran- ce
By Bill Kates
State Capital Bureau
JEFFERSON CITY Hazardous
waste management industries in
Missouri are mounting a campaign
to have the state's accident insur-ance
regulations expanded so com-panies
can provide their own liabili-ty
coverage and forego paying a
commercial insurance firm.
But officials in the Missouri De-partment
of Natural Resources are
digging their own battle trenches.
They say there would be nothing but
problems if hazardous waste man-agement
facilities are alllowed to
provide their own insurance cover-age.
Currently, Missouri's financial re-quirement
rules do not allow hazard-ous
waste management facilities to
underwrite their own liability cover-age,
but U. S. Environmental Protect
tion Agency standards do. " However,
state law gives the Hazardous Waste
Management Commission power to
establish its own insurance require-ments.
0C30KcuI
Industry wants the state to adopt
the EPA's regulations.
The commission is gathering infor-mation
about the issue from the fed-eral
environmental agency, the
state's natural resources agency and
industry.
" We've made no decision yet
whether to review the matter," said
Commission Chairman Wrenn Mul- lendo- re.
" We are just gathering in-formation,
looking at reasons for and
against."
Under state and federal standards,
hazardous waste management facul-ties
storage, treatment and dispo-sal
must provide some type of fi-nancial
assurance that they can
cover the costs associated with the
proper closure of the facility and
care such a facility would need after
its closure.
Both regulations also require
firms to have liability coverage for
so- call- ed " sudden" and " non- su- d
den" accidents. Sudden accidental
occurences would include fires, ex-plosions
or spills. The gradual con-tamination
of groundwater would be
an example of a non- sudde- n acci-dent
Storage and treatment facilities
need coverage for only closure and
sudden accidents, while facilities de-signed
for disposal of hazardous
wastes must retain insurance for all
four categories.
Both the EPA and natural re-sources
agency accept several dif-ferent
forms of financial assurance,
such as a designated trust fund, fi-nancial
guarantee or performance
bonds and letters of credit. But EPA,
in April 1982, expanded the types of
financial assurances it would accept
to allow corporations to provide their
own insurance if the company pos-sesses
sufficient financial assets.
Basically, a firm must have a tan-gible
net worth of at least $ 10 million
with a minimum of 90 percent of its
total assets or six times the amount
of liability coverage being sought
held in the United States.
K
" Missouri's regulations are more
restrictive than the federal rules,"
explained David Bedan, director of
the state's Hazardous Waste Man-agement
Section " And we want to
keep them mat way."
" It would be a disaster," said De-partment
of Natural Resources Di-rector
Fred Lafser. " Broadening the
regulations to allow self- insuran- ce
would weaken our ability to recover
money needed for paying for emer-gency
costs and site maintenance."
Although the push to have the rules
changed has been low- ke- y, some en-vironmentalists
are aware of the sig-nificance
of expanding the regula-tions
and they are concerned, too.
" It's like leaving the fox to guard
the chicken house," said Sharon
Rogers, president of the Warren
County chapter of Missourians
Against Hazardous Waste. Rogers
alio sits on the task force appointed
by Gov. Christopher Bond to eval-uate
ways to resolve the state's diox-- m
contamination problem.
However, Curt Long, president of
Associated Industries of Missouri, an
organization which represents seve-ral
hundred businesses throughout
the state, including numerous chemi-cal
and hazardous waste manage-ment
firms, said the self- insuran- ce
concept was " more cost effective
and offers the same protection."
Larry O'Neill, a spokesman for
Monsanto, seconded that sentiment.
" It would be less expensive and less
cumbersome to allow us to provide
our own insurance."
" Companies that self- insu- re would
be more apt to protect their liability
because they have more to lose,"
which, according to Long, is the
strongest argument for the new ap-proach
Although a company that self- insur- es
wouldn't have to pay commer-cial
insurance premiums which
state officials say range from about
$ 10,000 to $ 80,000 annually - Long
noted " they stand to loose a helluva
lot" if a company had to pay clean
up costs from its own assets.
" They may have to come up with
$ 5 or $ 10 million," he said.
Vivek Goswamy, a chemical engi- -
t
neer with the Natural Resources De-partment,
prepared a report on the
self- insuran- ce concept and cited rea-sons
to leave the state standards un-altered
" The department is convinced that
third party financial assurance
( commercial insurance) . . is a bet-ter
method of ensuring that funds
are available as necessary," he
wrote. Goswamy contended com-mercial
policies " assure that there
will be a pool of funds from which
persons can seek compensation for
injuries without the more difficult
litigation process that may'be asso-ciated
with the owneroperator hav-ing
control of the funds "
Long countered the rules of liabili-ty
recovery were the same whether
the insurance was provided by the
company itself or a commercial
firm.
Contrary to Long's argument, it
was Goswamy's opinion premiums
paid to a commercial firm would be
better incentives for good operatio- -
Sh CHEMICAL, Page 8A

Passing fancy PfiWI I
In Kansas City, under new JST TjHfiirB I
coach John Mackovic, the & h& miMB 8
Chiefs are putting an increased lw: nW emphasis on passing. Mean-- W'- - m W.
while, the St. Louis Cardinals, JL , WL - -- i as evidenced by their drafting mfUM& mK' -- mm
loofokfiinvge foderfaenwsaivyetobgarcokusn, d athree iMlbnBn& V9B t-- ' -- ' 31$ 9
pass. For a preview of the NFL BSm$ mt dfEv
season, see Page IB. $ f) I8Hrw& Jr--'
Sibling rivalry fcfjMfll
Afraid her sons might be run WNmSJMrMBM
over by a car, Clara Jones fflHTWBHHi tried to break up their fight in BM mat JH
the middle of North Provi- - H V vmm 1
dence Road with her fly swat-- fjWpr' SgR I
ter. The fight ended with the jgfc -- HH I
crack of gunfire. Reed Jones is fflgfcL,,. t ' wH 1
in the hospital and his brother WsM&& if& l Msm I
Tony is in jail. See Page 7A. URliifflPmH I
mMMmaammBammmmmmMmmmummmammMmmmmBmmBmmBmnumnmamM
State Cancer Hospital, is help- - PffNWjlp8Ki
ing victims of breast cancer BjSNSSlyBSH
cope with the aftermath of sur- - BBfeai gery. Read how one woman in SafvB the program copes with style, HHHjM& jra2l
grace, grit and the shared ex-- BpBffijjgffigffiggBpl
periences of other breast can- - & ra9 vfiHfflsl
m J
th Year No. 298 Good Morning! it's Sunday, September 4, 1983 6 Sections 50 Pages 50 Cents
HiLHaB9LKb4aLLLai9BlLflHHHHnLLliHflflBB
BHBlBBBHHjBBBBflW
LH6LBiHGKiLLHLBHLHH3LLLH3iHEBflliLa
KKHgBHHJrIaBjBSDBHIi9hEBBIHBHBHWsK J& BP& r?'' - oSBBHHbSSHBBBBB9hBH6HiBBliBHR8HbHB!
B31bnLVaLM9HHiDaBatMH19iUlfcHB9BiHnELM -- MBB9B0BHRHMHHnflEHBHnKCnHQBiBHHlBnBu999BV . t4 vv . rffmMrriBHHcwMH
HMLIHBlEISSnnSiBSlLHHHBsBHB - aaMJISiHnDSSHl& BHHBBHHiHRBiHniH
BnBMBSBSIBBIMHMBBBBWBWB5iHaHHfiBBMBL. l HflHHBlaB9SSSHBH91BOBHBBHEi
Kimberly Tillman is the first black to be appointed to the Missouri Law Review. j. ...
Law student's success is ' long overdue'
By Pamela Reynolds
Mlssourian staff writer
Second- yea- r law student Kimberly Tillman
feels embarrassed when people congratulate
her for being named to the prestigious Missouri
Law Review.
For Ms. Tillman, the first black to make the
review, it all should have happened sooner.
" It's nothing to be happy about," she says.
" It's kind of embarrassing that this school has
been here for 111 years and they've never ( be-fore)
had a black to make the law review."
Being named to the law review is an honor ex-tended
only to the top 20 students of each law
class and a few other students who do well in a
writing competition.
The students are involved m research, writing
and production work for the prestigious publica-tion.
Ms TUlman's nomination is a notable first, to
be added to a list of other firsts for blacks at the
University's School of Law this year. Not only is
this the first year a black has made the law re-view,
this is the first year that :
v A black has acted as a writing director on
the lawschool's Board of Advocates.
The first year black enrollment has been as
high as 31 students out of a total enrollment of
416.
k-- The first year that as many as 11 blacks
will graduate from the school.
w The first year that the black student reten-tion
rate has been one that does not discourage
law school faculty.
What makes this year more successful for
black enrollment and academic achievement
than past years? According to Assistant Dean
Terry Bashor, commitment on the part of the
faculty is the key.
Robert Bailey, the school's academic counsel-or,
agrees. " We care about all our students
black and white and we're starting to get a
reputation for it," he says
The school also is beginning to receive a repu-tation
for its aggressive minority recruitment
program. Black enrollment figures are slowly
reflecting the strong minority recruitment ef-fort
begun in 1978.
Law school recruiters now visit college cam-puses
with the specific goal of enticing bright
blacks to the school. Letters are sent to black
colleges and candidate referral services Black
graduating seniors at the University are sent
letters asking them to consider the benefits of a
legal education. A special counselor has taken
on the responsibility of working with black stu-dents
who may have problems coping with law
school pressures.
Most importantly, scholarships are offered to
most blacks who attend the school. A tuition- pai- d
scholarship is what persuaded Ms. Till
man, a New Yorker and graduate of Fordham
University, to come to Missouri.
Despite the extensive minority recruitment
program at the school, the number of blacks at-tending
tiie school and other law schools
around the country for that matter is small
Only 12 percent of the students at the law
school are black, but Bailey says that percent-age
is higher than the national average
Bailey says the school has trouble attracting
qualified blacks because most elect to attend
more prestigious schools such as Harvard, Yale
or Stanford. Most of the blacks who attend the
University are drawn from Missouri and Illi-nois.
Bailey says he has never encountered preju-dice
within the law school but, " I'm not naive
enough to say it might not exist' '
Whatever the reasons, Ms Tillman says there
are definite problems for the black law stu-dents.
" It's a combination of professors who were
teaching there, the attitude of blacks there, and
prejudice. But even though there are a combina-tion
of things to keep blacks behind, there is one
thing that can change it the blacks them-selves,"
Ms. Tillman says
Ms. Tillman says she wants black law stu-dents
to believe that anything is attainable. " I
want to stress how important law school is and
instill in people that you have to study."
Farmers protected
by congressional act
if embargo declared
By Andy Chabra
Washington Bureau
WASHINGTON In the wake of
increasing furor over the Soviet
downing of a Korean plane lasi
week, government officials have
been considering the effectiveness of
a gram embargo against the Soviet
Union.
Should President Reagan decide to
declare an embargo, the govern-ment
would have to pay billions of
dollars in extra pnee supports to
farmers and related industries be-cause
of a little- note- d provision in
thel981FarmBill
The provision applies to embar-goes
limited to agricultural prod-ucts.
In the event of a grain embar-go,
the provision stipulates that the
government compensate farmers,
elevator operators and agricultural
earners for income lost due to de-creased
sales
A Senate Agriculture Committee
lawyer says the provisions of the law
would double current price support
rates Both the lawyer and Harold
Breunyer, University professor of
agricultural economics, agree the
cost of the program could run into
billions of dollars
The law has only two conditions
whereby an embargo can be im-posed
without compensation to the
agricultural industry if the govern-ment
restricts all trade with the So-viet
Union, or if the embargoed
amount affects less than 3 percent of
total sales of the commodity
Sen Roger Jepson, R- Io- wa, a
member of the Senate Agriculture
Committee, says the amendment
was written in response to the grain
embargo imposed against the Soviet
Union by former President Carter A
spokesman for Sen John Danforth,
R- M- o , also a committee member,
says the provision was intended " to
be an obstacle no administration
would try to climb over "
Grain sales to the Soviet Union
have continued despite the outrage
expressed over the South Korean
airline incident The Department of
Agriculture announced the sale of
900,000 tons of gram to the Soviets on
Thursday and another -- 940,000 tons
on Friday
Sentiment in the administration
and on the hill is currently running
against another gram embargo Dur-ing
a visit to a Moberly farm last
week, U S Secretary of Agriculture
John Block said he believes the Unit-ed
States should not halt gram sales
to the Soviet Union
In addition, some senators on the
agriculture committee have con-tended
that embargoes don't work
" We shouldn't try a tactic that has
proven not to work," says Jepson
He has suggested to Secretary of
Defense Caspar Weinberger that
commercial aircraft carrying Amer-ican
passengers be given a military
escort when flying close to Soviet
territory
Shultz to ask Gromyko
for facts on Korean jet
WASHINGTON ( UPI) Secre-tary
of State George Shultz will in-sist
in his meeting with Soviet For-eign
Minister Andrei Gromyko this
week that the Soviets " come clean
with the facts" on the shooting down
of a Korean airliner, senior State De-partment
officials said Saturday.
Shultz is scheduled to meet with
Gromyko on Thursday during a
three- da- y conference of foreign min-isters
in Madrid, despite the shoot-ing
down Wednesday uy a Soviet jet
of a South Korean passenger jet that
apparently wandered into Soviet air-space.
" The secretary of state has said
publicly that he intends to ask the
Soviets for an explanation of the in-cident
and to insist that the Soviet
Union come clean with the facts,"
officials said.
The foreign ministers of 34 nations
that signed the Helsinki Final Act on
J Security and Cooperation in Europe,
World outrage Page 3A
known as the Helsinki accords, are
scheduled to attend the conference
to formally approve changes in the
pact.
Officials said the Madrid meeting
would allow Shultz to tell Gromyko
and other foreign ministers that So-viet
performance in the field of hu-man
rights as outlined in the Helsin-ki
accords " has been miserable "
Holiday
While you relax this Labor
Dav, so will we And that
means the Columbia Missour- la- n
will not publish on Tues-day.
Companies seek hazardous waste self- insuran- ce
By Bill Kates
State Capital Bureau
JEFFERSON CITY Hazardous
waste management industries in
Missouri are mounting a campaign
to have the state's accident insur-ance
regulations expanded so com-panies
can provide their own liabili-ty
coverage and forego paying a
commercial insurance firm.
But officials in the Missouri De-partment
of Natural Resources are
digging their own battle trenches.
They say there would be nothing but
problems if hazardous waste man-agement
facilities are alllowed to
provide their own insurance cover-age.
Currently, Missouri's financial re-quirement
rules do not allow hazard-ous
waste management facilities to
underwrite their own liability cover-age,
but U. S. Environmental Protect
tion Agency standards do. " However,
state law gives the Hazardous Waste
Management Commission power to
establish its own insurance require-ments.
0C30KcuI
Industry wants the state to adopt
the EPA's regulations.
The commission is gathering infor-mation
about the issue from the fed-eral
environmental agency, the
state's natural resources agency and
industry.
" We've made no decision yet
whether to review the matter," said
Commission Chairman Wrenn Mul- lendo- re.
" We are just gathering in-formation,
looking at reasons for and
against."
Under state and federal standards,
hazardous waste management facul-ties
storage, treatment and dispo-sal
must provide some type of fi-nancial
assurance that they can
cover the costs associated with the
proper closure of the facility and
care such a facility would need after
its closure.
Both regulations also require
firms to have liability coverage for
so- call- ed " sudden" and " non- su- d
den" accidents. Sudden accidental
occurences would include fires, ex-plosions
or spills. The gradual con-tamination
of groundwater would be
an example of a non- sudde- n acci-dent
Storage and treatment facilities
need coverage for only closure and
sudden accidents, while facilities de-signed
for disposal of hazardous
wastes must retain insurance for all
four categories.
Both the EPA and natural re-sources
agency accept several dif-ferent
forms of financial assurance,
such as a designated trust fund, fi-nancial
guarantee or performance
bonds and letters of credit. But EPA,
in April 1982, expanded the types of
financial assurances it would accept
to allow corporations to provide their
own insurance if the company pos-sesses
sufficient financial assets.
Basically, a firm must have a tan-gible
net worth of at least $ 10 million
with a minimum of 90 percent of its
total assets or six times the amount
of liability coverage being sought
held in the United States.
K
" Missouri's regulations are more
restrictive than the federal rules,"
explained David Bedan, director of
the state's Hazardous Waste Man-agement
Section " And we want to
keep them mat way."
" It would be a disaster," said De-partment
of Natural Resources Di-rector
Fred Lafser. " Broadening the
regulations to allow self- insuran- ce
would weaken our ability to recover
money needed for paying for emer-gency
costs and site maintenance."
Although the push to have the rules
changed has been low- ke- y, some en-vironmentalists
are aware of the sig-nificance
of expanding the regula-tions
and they are concerned, too.
" It's like leaving the fox to guard
the chicken house," said Sharon
Rogers, president of the Warren
County chapter of Missourians
Against Hazardous Waste. Rogers
alio sits on the task force appointed
by Gov. Christopher Bond to eval-uate
ways to resolve the state's diox-- m
contamination problem.
However, Curt Long, president of
Associated Industries of Missouri, an
organization which represents seve-ral
hundred businesses throughout
the state, including numerous chemi-cal
and hazardous waste manage-ment
firms, said the self- insuran- ce
concept was " more cost effective
and offers the same protection."
Larry O'Neill, a spokesman for
Monsanto, seconded that sentiment.
" It would be less expensive and less
cumbersome to allow us to provide
our own insurance."
" Companies that self- insu- re would
be more apt to protect their liability
because they have more to lose,"
which, according to Long, is the
strongest argument for the new ap-proach
Although a company that self- insur- es
wouldn't have to pay commer-cial
insurance premiums which
state officials say range from about
$ 10,000 to $ 80,000 annually - Long
noted " they stand to loose a helluva
lot" if a company had to pay clean
up costs from its own assets.
" They may have to come up with
$ 5 or $ 10 million," he said.
Vivek Goswamy, a chemical engi- -
t
neer with the Natural Resources De-partment,
prepared a report on the
self- insuran- ce concept and cited rea-sons
to leave the state standards un-altered
" The department is convinced that
third party financial assurance
( commercial insurance) . . is a bet-ter
method of ensuring that funds
are available as necessary," he
wrote. Goswamy contended com-mercial
policies " assure that there
will be a pool of funds from which
persons can seek compensation for
injuries without the more difficult
litigation process that may'be asso-ciated
with the owneroperator hav-ing
control of the funds "
Long countered the rules of liabili-ty
recovery were the same whether
the insurance was provided by the
company itself or a commercial
firm.
Contrary to Long's argument, it
was Goswamy's opinion premiums
paid to a commercial firm would be
better incentives for good operatio- -
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